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Difference between revisions of "Representation Agreements (15:V)"
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Representation Agreements (15:V) (view source)
Revision as of 21:43, 5 January 2017
, 21:43, 5 January 2017→2. Section 9 Representation Agreements
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The creation of a s 9 RA no longer requires the services of a lawyer. LSLAP is able to draft s 9 RAs for clients. However, refer to your Supervising lawyer to clarify the appropriate scope and purpose of the RA: which type of RA appropriately meets the needs of the client? | The creation of a s 9 RA no longer requires the services of a lawyer. LSLAP is able to draft s 9 RAs for clients. However, refer to your Supervising lawyer to clarify the appropriate scope and purpose of the RA: which type of RA appropriately meets the needs of the client? | ||
Prior to September 2011, a s 9 RA could include broad financial powers, equivalent to those given in a POA. The new PAA says this broad authority in an RA is now treated as if it were an enduring POA, and the Representative must follow the requirements under the PAA to use these powers (s 44.2 Transitional Provision). | Prior to September 2011, a s 9 RA could include broad financial powers, equivalent to those given in a POA. The new PAA says this broad authority in an RA is now treated as if it were an enduring POA, and the Representative must follow the requirements under the PAA to use these powers (s 44.2 Transitional Provision). | ||
=== 3. Note on Medical Assistance in Dying === | |||
The Criminal Code of Canada was amended on June 17th, 2016, to permit the Medical Assistance in Dying (MAiD) under certain conditions. This means that a medical or nurse practitioner may, at the person’s request, administer a substance to cause their death, or prescribe a substance so that the person can self-administer a substance that causes their death. | |||
Consent given through substitute decision makers, such as Representatives under the RA Act, and Advanced Directives are '''NOT''' sufficient for medical practitioners to provide MAiD. MAiD can only be provided to patients who are able to give consent as of July 15th, 2016. | |||
This is because the College of Physicians and Surgeons of British Columbia’s “Professional | |||
Standards and Guidelines” regarding MAiD clearly prohibit consent given through Ads and RAs.. The Professional Standards and Guidelines have weight in law pursuant to section 5(2) of the Medical Practitioners Regulation under the Health Professions Act. | |||
For more information on the Standards and Guidelines of the College of Physicians, please see their document on MAiD at: https://www.cpsbc.ca/files/pdf/PSG-Medical-Assistance-in-Dying.pdf | |||
== B. Who Can Be a Representative? == | == B. Who Can Be a Representative? == | ||